The URL can be used to link to this page

Home My WebLink About2021-10-27 - City Commission Regular Meeting MinutesCity Commission Minutes Wednesday, Oct. 27, 2021 City Commission Chamber CALL TO ORDER: Mayor Gomez called the regular City Commission meeting, Wednesday, Oct. 27, 2021, being held in Commission Chamber, to order at 7:01 p.m. ROLL CALL: Present were Commissioner Marlon Bolton, Commissioner Mike Gelin, Vice Mayor Elvin Villalobos, Commissioner Debra Placko and Mayor Michelle J. Gomez. Also present were Interim City Manager Kathleen Gunn, City Attorney John R. Herin, and City Clerk Jennifer Johnson. PLEDGE OF ALLEGIANCE: Commissioner Bolton led the Pledge of Allegiance. INTRODUCTION CITY ATTORNEY REPORT City Attorney Herin requested the City Commission schedule a shade session, with Special Counsel Max Lohman to discuss the litigation with 13t' Floor Woodlands HBP LLC, and it would be scheduled as an additional shade session Nov. 1, 2021. Commissioner Placko motioned to approve, Vice Mayor Villalobos seconded, and the motion carried unanimously. 2. CITY MANAGER REPORT a. Employee Service Awards Five -Years of Service Winston Forde Jean -Yves Virgile Corey McCall 10-Years of Service Scott Babcock 15-Years of Service James Twigger 20-Years of Service Alisha Regits 35-Years of Service Nancy Wilson Interim City Manager Gunn provided a presentation and thanked the employees for their continued dedication and support to the City of Tamarac. 3. PUBLIC PARTICIPATION Any member of the public may speak to any issue that is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. Members of the public wishing to provide comments to the members of the City Commission on any matter, including items on the agenda, may submit their comments by email to CityClerk@Tamarac.org. All comments submitted by email shall be made part of the public record. The City has authority under the City Code to regulate the manner in which public comments are made during any public meetings. Please be advised, the City will not read publicly any emails. City Attorney Herin provided rules for public participation. Mayor Gomez opened for public participation. 1. Darcy Schiller, of Kings Point, Tamarac, said she was saddened by the behavior that took place at the previous meeting, the request for rules of decorum, and asked when will the acrimony stop. She urged the members of the Commission to stop making bogus posts on social media, etc. 2. Jeffrey Shapiro, of the Woodlands, Tamarac, expressed his displeasure with the attorneys of 13m Floor during the October 13, 2021, meeting. 3. Eric Shamus, of West McNab Road, stated he has been working in commercial real estate for 15 years, and is interested in bringing a cannabis dispensary in the properly zoned development in Tamarac. Mayor Gomez asked Mr. Shamus to contact the Community Development Department for information on the application process. 4. Ilene Lieberman, of the Woodlands, Tamarac, expressed her concern for ongoing problems in Section 3 of the Woodlands. She stated there is illegal activity being conducted there, and she was disappointed with Deputy Marion's response to the calls. She asked the City Commission to direct the City Manager to research the inequity of treatment in the WHOA and Section 3 residents. 5. Ron Wasserman, of Shanggri-La, Tamarac, stated he has been a victim of Pulte for 4 % years, and he can't even get them to cut the grass. He stated the same thing would happen in the Woodlands, because the lawyers pat you on the shoulder and say no problem. Mayor Gomez closed public participation. ANNOUNCEMENT OF TIME ALLOCATIONS -MOTIONS TO TABLE The Chair at this time will announce those items that have been given a specific time to be heard, and will entertain motions from the Commission members to table those items that require research. The Commission may agendize by majority consent matters of an urgent nature which have come to the Commission's attention after publication. 4. CONSENT AGENDA Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then, in accordance with Resolution 2003- 15, Sec. 4.5, the item(s) will be removed from the Consent Agenda and will be considered separately. a. Approval of the August 25, 2021 - City Commission Minutes b. Approval of the September 20, 2021 Workshop Minutes c. Approval of the October 13, 2021 - City Commission Minutes d. Pulled from Consent. e. Pulled from Consent. Mayor Gomez asked if there were any additions or deletions. Interim City Manager stated there were none. Commissioner Gelin asked to pull Item. 4.d. and Item 4.e. for discussion. Commissioner Placko made a motion to approve the consent agenda as amended. Vice Mayor Villalobos seconded. The motion carried unanimously 5-0. TR13696 - 2022 Cigna Health Insurance Program Renewal A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to renew and execute an agreement with Cigna, providing for Administrative Services for claims and Flexible Spending Plans and the Employee Assistance Program, the Telehealth Connection Program and the MotivateMe Value Program, and to make certain modifications to the Health Insurance Program for employees and retirees; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve. Commissioner Placko seconded. Discussion by the Commission ensued, with Assistant Director of Human Resources Nora Carles answering questions regarding the agreement, increases in costs, wellness programs, etc. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. TR13697 - 2022 Stop Loss Insurance Renewal A Resolution of the City Commission of the City of Tamarac, Florida, approving the renewal of the agreement with Cigna, authorizing the appropriate City Officials to execute the agreement with Cigna, providing for Stop Loss insurance; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve. Commissioner Placko seconded. Discussion by the Commission ensued. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. 5. REGULAR AGENDA a. TR13681 - Employment Agreement for Acting Manager Kathleen Gunn A Resolution of the City Commission of the City of Tamarac, Florida approving and authorizing the execution of an employment agreement between the City of Tamarac and Kathleen Gunn, attached hereto as Exhibit A and incorporated herein; authorizing the appropriate City Officials to take any and all action necessary to effectuate the intent of this Resolution; providing for conflicts, providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve. Commissioner Placko seconded. Interim City Manager Kathleen Gunn provided a statement regarding the contract, and her willingness to serve the City of Tamarac. Mayor Gomez opened for public comments. 1. Jeffrey Shapiro, of the Woodlands, stated he has lost trust in Kathleen over the past several weeks and does not think it is in the best interest of the City to hire her as the City Manager. Mayor Gomez closed public comments. Discussion by the Commission ensued with the salary, other benefits outlined in the contract, allowing for 90-days' notice to the City, its being reciprocal, terms of the contract, pay being retroactive to August 31, 2021, travel requirements, adopting language for an evaluation process, and termination clause, etc. Carmen Rodriguez, attorney representing Kathleen Gunn, provided additional information related to the modest contract and said it was within the standard for other Broward County cities. Lerenzo Calhoun, Director of Human Resources, provided details relative to the former city manager's contract. The motion to approve was withdrawn, Mayor Gomez asked for a roll call vote on making Kathleen Gunn the permanent City Manager, and the motion carried 4-1. Commissioner Bolton, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commission Gelin was not in favor. The consensus of the Commission was to amend the contract, by incorporating the following suggestions by the City Commission. Mr. Herin and Ms. Rodriguez would confer/negotiate the terms of the contract and bring it back at a future meeting 1. language similar to the City Manager contract for Coral Springs, purpose and intent 2. 90-day reciprocal notice provision 3. 18-month contract term 4. Travel does not need permission of the Commission Mayor Gomez recessed the meeting at 9:03 p.m., and reconvened at 9:22 p.m. b. TR13694—AwardofRFP#20-15R—Design/BuildofCaporella Park Enhancements Project A Resolution of the City Commission of the City of Tamarac, Florida, Awarding RFP #20-15R and authorizing the appropriate City Officials to execute an agreement with MBR Construction, INC., for the design/build of the Caporella Park Enhancements project for an amount not to exceed $4,438,830.94; a contingency amount of $443,883.09 will be added to the project, for a total project budget of $4,882,714.03; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve, and Vice Mayor Villalobos seconded. Director of Parks & Recreation, Greg Warner, provided information related to the project. Mayor Gomez opened for public comments, there being none, closed public comments. Discussion by the Commission ensued, with questions related to the naming of the part, the bid process, use of minority firms. Mr. Mike Boss, of MBR Construction provided remarks regarding his subcontractors. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. c. TR13707 - Resolution Supporting the Efforts of the Public Rights Project and the Southern Poverty Law Center A Resolution of the City Commission of the City of Tamarac, Florida, supporting the efforts of the Public Rights Project and the Southern Poverty Law Center to declare as unconstitutional the provisions of Chapter 2021-6, Laws of Florida (A/K/A House Bill One) that interfere with a Florida municipality's ability to adopt the operating budget of the municipality's law enforcement agency; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Herin read the title for the record. Commissioner Gelin motioned to approve, and Vice Mayor Villalobos seconded. Mayor Gomez opened for public comments. 1. Mel Yoder, of Kings Point, said he has seen an increased amount of crime and does not embrace the Defund the Police movement. He asked the City Commission to guarantee the residents you are not going to take away their safety. Mayor Gomez closed public comments. Discussion by the City Commission ensued regarding BSO contract cities, protesting events, homerule provisions, and the lawsuit, etc. Clerk Johnson conducted a roll call vote, and motion carried 4-1. Commissioner Gelin, Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton was not in favor. 6. ORDINANCE(S) - FIRST READING a. T02484 - Amending Ordinance 2021-023 FY 2021 Operating and Capital Budget An Ordinance of the City Commission of the City of Tamarac, Florida, amending Ordinance 2021- 023, which amended the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial Policies forthe Fiscal Year 2021, by increasing the total revenues and expenditures by a total of $8,913,300, as detailed in Attachment A attached hereto and summarized in Attachment B; providing for conflicts; providing for severability; providing for an effective date. Commission District(s): Citywide City Attorney Henn read the title for the record. Vice Mayor Villalobos motioned to approve, and Commissioner Placko seconded. Discussion by the Commission ensued related to the Cares Act Funds, attorney fees, overtime for the Fire Department during COVID, etc. Clerk Johnson conducted a roll call vote, and the motion carried unanimously. Commissioner Gelin asked if item 10.a. regarding Code of Ordinance changes could be moved up to accommodate members in the audience. 7. OTHER a. Discussion and possible direction regarding proposed changes to the Code of Ordinances Requested by Commissioner Gelin 1. Clarifying that conduct of commercial activity in a residential area is strictly prohibited; establishing a penalty for violation as the largest fine which a city may impose under Florida law against both the promoter of the commercial activity and the owner of the property on which it is occurring and authorizing the Police, Code Enforcement, Fire Department or any other lawful authority to enforce this prohibition. Enforcement shall include immediately ceasing the unlawful commercial activity, clearing the premises, impounding any vehicles unlawfully parked, and impounding any property being used to promote the unlawful commercial activity for use as evidence in a forfeiture proceeding. City Attorney Herin stated he had a brief discussion at the workshop regarding the items, and there was a consensus of the Commission to bring back a change to the Code that would tighten the rules on party houses [Or homes that infringe on the peaceful enjoyment of the community] and give the City some enforcement capability. Mayor Gomez opened for public comments. 1. Richard Grinnage, of the Woodlands, Tamarac, urged the City Commission to do something about the house directly across from his home. They received a business license from the City, but there seem to be undesirables running in and out of the neighborhood, parking on the golf course, huge speakers, and they don't seem to care about the law. He asked the City Commission to help. 2. Ilene Lieberman, of the Woodlands, Tamarac, stated when BSO showed up, all they could do was issue a ticket and they could not stop the event. She also stated the activity is not permitted in residential districts, per the Land Development Code. Lieberman stated she wholeheartedly supports the effort to create enforcement powers. PUBLIC HEARING(S) a. TR13698 -Approval to Submit Final Application to Florida Department of Economic Opportunity (DEO) forCDBG-CV Round 2 Funding and Authorize City Officials to Execute Related Documents A Resolution of the City Commission of the City of Tamarac, Florida, approving the submittal of an application to the Florida Department of Economic Opportunity (DEO) for Community Development Block Grant Coronavirus Relief Funding (CDBG-CV) round 2 totaling $181,156 for eligible housing activities; authorizing the City Manager or appropriate city officials to execute documents related to the application; providing for conflicts; providing for severability; and providing an effective date. Commission District(s): Citywide City Attorney Herin read the title for the record. Commission Gelin motioned to approve and Commissioner Placko seconded. Mayor Gomez opened for public comments, there being none, closed public comments. Discussion by the Commission ensued with regarding to how much has been expended, and how many residents have been helped. Director of Community Development, Maxine Calloway, stated the City has helped over 400 residents, with only about $20,000 remaining. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. 9. ORDINANCE(S) - SECOND READING a. Element as requiredtby Florida Statutes 163 3177 6 i�HB59 newProperty Rights An Ordinance of the City of Tamarac, Florida, adopting with changes, an amendment to the City of Tamarac Comprehensive Plan, by and through procedures required for the expedited state review process pursuant to authority under State Statutes Section 163.3184, specifically creating a new property rights element of the comprehensive plan entitled "Property Rights" attached hereto as Exhibit "A"; authorizing transmittal of the adopted property rights element comprehensive plan amendment to the Department of Economic Opportunity and other agencies as required by Florida Statutes 163.3184(3) providing for inclusion in the comprehensive plan; providing for conflict; providing for severability; and, providing for an effective date. Commission District(s): Citywide City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve, and Vice Mayor Villalobos seconded. Mayor Gomez opened for public comments, there being none, closed public comments. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. 10. QUASI-JUDICIAL HEARING(S) 11. OTHER a. Discussion and possible direction regarding proposed changes to the Code of Ordinances Requested by Commissioner Gelin 2. Clarifvine that ca ,^+ 3. Amend Section 10-5(J)(5) stating that any matter that is withdrawn prior to the public hearing, or denied by the Commission or Planning Board, cannot be resubmitted to the City for 18 months 4. Amending the City's Code to clarify that only the City Commission can grant an extension for a and Use Plan Amendment (LUPA) or Rezoning application consistent with F.S. 163.3184 3 C1 & 4E1 City Attorney Herin stated, based upon direction from the City Commission, staff will work on a report as to the impacts on this because there are a couple of development applications that have to essentially process at some level because they are part of a property sale, which the city owns. Herin stated Community Development needs to do a full analysis of current projects, and we will come back to you with a zoning in progress, which we will formalize at a future meeting. Commissioner Bolton stated that he would like to change his vote from NO, to YES, on TR13707 "Supporting Cities who have opted into the Southern Poverty Law Center litigation". City Attorney Herin stated the vote would be recorded as a YES. b. City Commission Questions/Direction to the Interim City Manager or the City Attorney Requested by Commissioner Bolton Commissioner Bolton stated he wants to put up banners in his district. Discussion ensued, and this item will come back as part of the initiatives policy. Commissioner Bolton stated he will be starting an initiative called Mobile Office, where he will be at Caporella Park and Mainlands Park to meet with residents. Discussion ensued and this item will be paid from the Commissioner's Initiative budget or personal funds. Commissioner Bolton asked the Interim City Manager to investigate the unequal treatment of resident in Sections 3 & 4 of the Woodlands on October 5 and October 11. Commissioner Bolton directed the City Clerk, through the City Manager's Office, to get the dispatch reports requested by Ms. Michaelson and provide them as quick as possible. Commissioner Gelin departed the meeting. There being no other discussion, Mayor Gomez adjourned the meeting at 11.03 p.m. Minutes transcribed and submitted by City Clem jenWfpr Johnson. )V TAM Jen fifer ohnson CM V.. •.90 r W ; ESTABLISHED - dm_, ZL.K. e 2' -�' 1963 •�- Mic -Ile J. Gomez, r O ' 77 SEAL �; Note to the reader: The above signat • •the, City 4)4.bf the City of Tamarac, Florida. If the minutes you have received are not sign&a,��i@61*1 jA 1 as indicated above, they are not the official minutes of the Tamarac City Commiss�ib'� #e'eting held Wednesday, Oct. 27, 2021. The City Commission may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the publicat the City Commission meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1- 800-955-8771. Jennifer Johnson, CIVIC City Clerk PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR CITY COMMISSION MEETING OCTOBER 27, 2021 PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. )Vj